Ensconced in Limestone Caves, Naturalization Applications Backlogged

Since 1944, The United States Citizenship and Immigration Service (“USCIS”) has created Administrative Files or “A-files” containing all records of any active immigration case pertaining to foreign nationals not yet naturalized to become US citizens. Without an A-file created during the immigration and inspection process an individual cannot be granted permanent residency or citizenship. These files are housed in storage facilities known as Federal Records Centers (“FRCs”) which are located underground beneath the administration of the National Archives and Records Administration (“NARA”). FRCs are made up of “miles-long networks of man-made limestone caves built beneath the Kansas City metro area” and due to the COVID-19 pandemic, FRCs have been either temporarily closed or operating under limited capacity to ensure the safety of workers. In fact, The Wall Street Journal reported that NARA said in a statement that it has kept staff levels at 25% at its Kansas City facility because it is “an area of high transmission.”

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Proof of COVID-19 Vaccination Required for All Foreign Travelers at US Land Borders

Effective January 22, 2022, U.S. Customs and Border Protection (“CBP”) will require non-US citizens traveling across the land border for both essential and non-essential reasons to be fully vaccinated.   The recent announcement confirms, “[t]hese new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.”

All foreign national travelers, whether traveling for non-essential or essential reasons, must attest to their vaccination status and to present proof of vaccination to CBP officers upon request. To be considered fully vaccinated, fourteen days must have passed since the traveler’s final shot of their vaccine. CBP follows the Centers for Disease Control and Prevention’s (“CDC”) protocols regarding acceptable “proof of vaccination, including which vaccines are permissible.”

Pre-arrival COVID-19 testing is not required for entry via a land port of entry or ferry terminal.

USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is once again extending the flexibilities it originally announced on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended to March 26, 2022, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

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H-1B Salary Based Selection Process Final Rule is Officially Withdrawn

United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.

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